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receives from the former spouse a written consent or ratification
of the transfer to the third party. See id. In the three
situations described above, the transfer of property will be
treated as made directly to the nontransferring former spouse and
the nontransferring former spouse will be treated as immediately
transferring the property to the third party. See id. The
deemed transfer from the nontransferring former spouse does not
fall under section 1041 and is a taxable transaction to the
nontransferring former spouse. See id.
In order to prevail, petitioner must show that the transfer
of the Tryon Road property qualifies as one of the three
situations described in Q&A-9. Petitioner has failed to do so.
Petitioner’s sale of the Tryon Road property was not pursuant to
the terms of the agreement as required under the first situation
described in Q&A-9. In fact, petitioner stipulated that the
agreement “did not require petitioner to sell any portion of the
Tryon Road property to satisfy the $103,000 obligation owed to
Ms. Olsen.” Petitioner was free to sell other assets or obtain a
loan rather than sell the Tryon Road property to satisfy his
separate monetary obligation to Ms. Olsen. Moreover, petitioner
failed to show that the transfer of the Tryon Road property falls
under the second or third situation described in Q&A-9. The
record contains no evidence showing either a written request by
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